Why was the plaintiff builder successful in the case of Pavey & Matthews Pty Ltd v Paul (1987)162 CLR 221?
A)The work was completed with proper skill and on time.
B)The defendant had repudiated the contract.
C)The defendant had received a benefit from the builder's performance of the contract.
D)The contract was entire and not divisible.

Question

Quizplus · Accepted Answer

The plaintiff builder was successful because the defendant had received a benefit from the builder's performance, and the court allowed recovery on a quantum meruit basis, even though the contract was unenforceable due to lack of writing as required by statute.

Why Was the Plaintiff Builder Successful in the Case of Pavey